Tobias Ellwood: As the right hon. Gentleman suggests, I think it would be better for the Attorney General to make that comment. However, I underline the point that the Crown Prosecution Service has stated clearly the reasons for the conclusions that have been reached, but I will invite the Attorney General to write to the right hon. Gentleman with clarity on the second case.
I now turn to some of the right hon. Gentleman’s specific points. On US rendition flights, we have received from the US assurances, which are renewed annually, that apart from two declared incidents in 2002, the US has not held or moved any detainees through the territorial land, air or seas of the UK or our overseas territories. On Diego Garcia, the British Indian Ocean Territory continues to be a vital strategic defence asset to the UK and its allies, including the US, contributing significantly towards global security and efforts at countering regional threats such as terrorism and piracy. The Government welcome the US presence on Diego Garcia and have made it clear that we want that to continue. The Prime Minister discussed Diego Garcia’s future with President Obama on 22 April and discussions are continuing. The issue of rendition is dealt with separately through the yearly assurances that we now receive from the US Government.
On the transit through UK or overseas territories of foreign rendition flights, such requests are considered on a case-by-case basis and are granted only when the purpose of the transit complies fully with international law. Under no circumstances would we approve a rendition that was not in compliance with international law. In the unlikely event that a foreign rendition flight were to land or to pass through UK airspace unexpectedly, we would again consider the case on its merits. There is no point in speculating on hypothetical scenarios, but our actions would always be consistent with our legal obligations.
It is worth mentioning the US Senate report. We welcomed the thorough US Senate Committee investigation into the CIA’s involvement in detention and rendition. We further welcomed President Obama’s acknowledgement that such actions were contrary to US values and did not serve the country’s counter-terrorism or national security interests.
The Government are certainly co-operating fully with the Intelligence and Security Committee’s inquiry. The ISC has confirmed to the Government that it has received  all but one of the relevant documents to date, but if it requires any further documents, it only needs to let the Government know.
The UK Government do not participate in, solicit, encourage or condone the use of torture for any purpose. We have made that position absolutely clear, both publicly and bilaterally with our overseas partners. It is vital that our security and intelligence services are able to work with liaison partners overseas. The reality is that they will need to work with partners who do not always share our values, but we seek to ensure that acceptable standards are adhered to by those partners when they choose to work with us and to help them to raise their own standards across the board.
In July 2010, the Government published consolidated guidance for the first time setting out the standards that our intelligence officers and service personnel must apply during the detention and interviewing of detainees overseas and in the sharing of intelligence with liaison partners. It makes it clear that we act in compliance with our domestic and international legal obligations, and our values as a nation. Ministers must be consulted in circumstances where personnel judge that there is a serious risk of cruel, inhumane or degrading treatment taking place, and Ministers will consider all relevant factors when deciding whether an operation should proceed. The independent Intelligence Services Commissioner, a former senior judge, oversees compliance with the guidance. He reports annually to the Intelligence and Security Committee, and his role in that regard was put on a statutory footing by a direction from the Prime Minister in November 2014.
I have already touched on Guantanamo Bay. The Government support President Obama’s continued commitment to close down that detention facility, which I visited a number of years ago. When that might happen remains a matter for the US Government. The UK Government have made a significant contribution to reducing the number of detainees by taking back nine UK nationals and, exceptionally, six former UK legal residents.
I thank the right hon. Gentleman for this opportunity to set out the Government’s position today, and I am certainly grateful to other hon. Members for their contributions. In conclusion, I wish to emphasise again that the actions of Ministers and Government officials are bound by their duty to comply with the law. It therefore follows that the Government oppose any means of depriving any individual of their liberty that amounts to putting them outside the protection of that law.
Question put and agreed to.
House adjourned.